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The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.
A will is legal in New Jersey if it is handwritten or typed by a competent adult and witnessed by two other people. It is self-proving if it also has been notarized.
A Will can be deemed invalid if it wasn't properly constructed or executed. Just as an example, a Will must be signed in front of 2 witnesses and notarized.
The Secretary of State has the original wills and probate records. (State Archives, 225 West State Street, PO Box 307, Trenton, New Jersey 08625-0307.
Sign the Document: You must sign the document in the presence of the notary public. This allows the notary to verify that you are signing the document willingly and that you are the person you claim to be. Notary Completes the Notarization: The notary public will then complete the notarization.
In New Jersey, you do not need a lawyer to make a will; however, you may want to talk to a lawyer in the following situations: You want to explore your options for passing on your assets. You have significant assets that may be subject to estate tax. You have complex plans for passing on your assets.
The key requirement for a handwritten will to be deemed valid in New Jersey is that the signature and key provisions must be written in the same hand, and that handwriting must be identifiable as that of the deceased.
The Executor named in the Will must file a Complaint in Superior Court asking the Probate Judge to issue an order permitting the probate of the Will's copy. In support of the application, the named Executor must explain what efforts he or she made to locate the original Will.